Summary of Conditional Use Permit (CUP) Process
- Complete application is submitted to the City's Planning Department staff. See below for explanation of a complete application.
- If complete, the application and provided materials are reviewed by the Planning Commission at a Work Session.
- A public hearing is held at the regular Planning Commission meeting and Commissioners make a recommendation to City Council (the Commission can table the item for further information).
- Council reviews the case at a Work Session before it is scheduled for a formal hearing (Council can table the item for further information or forward it to the next regular meeting with a motion to approve or deny).
- When the CUP is forwarded to the Council Regular Meeting, a public hearing and official vote is held (Council can table, approve or deny the motion).
- A CUP takes effect once it is approved by City Council. The permit will remain in effect as long as the use is being conducted.
What is a Conditional Use Permit?
When do I need a Conditional Use Permit?
Should I set up a Pre-Application Meeting?
How do I apply for a Conditional Use Permit?
What happens after the application is accepted?
How long is the review process?
Can I transfer the permit to another property?
How long is the permit good for?
A "Conditional Use" is a land use that is provided for in the Zoning Ordinance, but requires specific case-by-case approval by the City Council. A Conditional Use may be appropriate for a particular site, but only if the impacts of the use on the neighborhood can be mitigated.
All properties in the City are zoned to a particular zoning district. Each zoning district has uses that are permitted by-right, as well as uses that are conditional. If one wants to conduct a conditional use they must complete a Conditional Use Application.
It is recommended that the property owner contact the Planning Department to discuss the proposed use. The City will advise the property owner about the Conditional Use process, the materials needed for submission, the fees involved, how the proposal will be evaluated, and answer any questions. The meeting is a good opportunity to discuss the project and identify any issues that might be of concern to the City or applicant, including: off-street parking, traffic, buffering/ screening, hours of operations, noise, and other pertinent issues.
Submit a completed Conditional Use Application, 7 sets of site plans, floor plan and elevations, letter addressing compliance with Section 18-2 of the City’s Zoning Ordinance, list of surrounding property owners, disclosure of real interests, and fee to the City’s Planning Department. If the materials submitted are incomplete they will be returned. The applicant will have 30 calendar days to submit completed materials or resubmittal will be required.
Once the application is accepted, the City will conduct a departmental review. The Planning Department will also take the case before the City’s public bodies.
The process requires approximately three months, assuming first time approval by all public bodies. Key steps in the process are as follows:
- Posting of public hearing signs and notice by the applicant to adjoining property owners
- Planning Commission review, public hearing and recommendation
- City Council review, public hearing and action
The permit can not be transferred to another property. The conditions imposed on a permit are based on the circumstances of the site. If one would like to conduct the use at a different location, a new permit will need to be obtained.
The Conditional Use Permit takes effect once it is approved by City Council. The permit will remain in effect as long as the use is being conducted. If the use does not commence within one year, is abandoned for a period of one year, or the applicant or successor fail to comply with the conditions of the permit, it will be deemed void.
Development Review Team
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